Victorian Current Acts

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COUNTRY FIRE AUTHORITY ACT 1958 - SECT 50

Required safety features of motor vehicles driven during fire danger period near crops

S. 50(1) amended by Nos 10235
s. 11(j), 50/1989
s. 17(a).

    (1)     In the country area of Victoria a person shall not drive or operate a vehicle propelled by internal combustion (other than a vehicle referred to in subsection (2)) so that the vehicle is in contact with any crop, grass, stubble, weeds, undergrowth or other vegetation unless the vehicle is fitted with an efficient silencing device so constructed that all the exhaust from the engine of the vehicle passes through the silencing device.

Penalty:     10 penalty units.

S. 50(2) amended by No. 10235
s. 11(k), substituted by No. 45/1986 s. 7, amended by Nos 50/1989 s. 17(a), 20/2019 s. 72(1).

    (2)     In an area of Victoria during a fire danger period in respect of the area a person must not drive or operate a tractor or a self-propelled farm machine or a traction engine or an earth-moving, excavating or road-making machine propelled by or incorporating a heat engine within nine metres of or in contact with any crop, grass, stubble, weeds, undergrowth or vegetation unless the tractor, traction engine or machine—

        (a)     is free from faults and mechanical defects which would tend to cause an outbreak of fire; and

        (b)     is fitted with a spark arrester; and

S. 50(2)(c) amended by Nos 39/1992
s. 9, 20/2019 s. 72(2).

        (c)     carries the prescribed fire suppression equipment.

Penalty:     10 penalty units.

S. 50(3) substituted by No. 45/1986
s. 7.

    (3)     A person operating a tractor, traction engine or machine referred to in subsection (2) must maintain the spark arrester in proper working order so as to prevent the discharge of exhaust particles which may tend to cause an outbreak of fire.

Penalty:     10 penalty units.

S. 50(4) inserted by No. 45/1986 s. 7, amended by No. 50/1989 s. 17(ab) (as amended by No. 91/1989
s. 7(a)).

    (4)     A person must not fit a spark arrester to a tractor, traction engine or machine referred to in subsection (2) unless the spark arrester complies with the standard prescribed under subsection (5).

Penalty:     10 penalty units.

S. 50(5) inserted by No. 45/1986
s. 7, substituted by No. 50/1989
s. 17(b) .

    (5)     A person must not sell a tractor, traction engine or machine unless it is fitted with a spark arrester which complies with the relevant Standards Association of Australia standard prescribed for the purposes of this subsection.

Penalty:     10 penalty units.

S. 50(6) inserted by No. 45/1986
s. 7.

    (6)     The Chief Officer may exempt a person from compliance with subsection (2)(c) where in the opinion of the Chief Officer the circumstances surrounding the operation of the tractor, traction engine or machine warrant it.

S. 50(7) inserted by No. 69/1986
s. 3.

    (7)     Nothing in this section requires a tractor, engine or machine referred to in subsection (2) which is fitted with a turbocharger or an exhaust aspirated air-cleaner to be fitted with a spark arrester.

S. 50AA inserted by No. 5/2012 s. 39.



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